PM to Quebec: Be careful with notwithstanding clause

OTTAWA — Prime Minister Justin Trudeau is calling on Quebec premier-designate Francois Legault to carefully consider the consequences before applying the notwithstanding clause to prevent those in positions of authority — such as police officers and teachers — from wearing religious symbols on the job.

The day after winning Monday’s election, Legault vowed to use the powerful constitutional provision, if necessary, to uphold a proposal to prohibit some state employees in Quebec from wearing religious signs, including garments like the Jewish kippa and Muslim hijab.

Legault insisted such a ban is important enough to Quebecers that he’s prepared to invoke the rarely used notwithstanding clause, which would override the Charter of Rights and Freedoms.

Trudeau, however, insisted Wednesday that the clause should be reserved for “exceptional circumstances” and only deployed after lots of deep reflection about its broader ramifications.

“It’s not something that should be done lightly because to remove or avoid defending the fundamental rights of Canadians, I think it’s something with which you have to pay careful attention,” Trudeau, who represents a Montreal riding, said in French when asked about Legault’s plan.

“As you know very well, I’m not of the opinion that the state should be able to tell a woman what she can wear, nor what she cannot wear. The Charter of Rights and Freedoms is there to protect our rights and our freedom.”

Legault, leader of Quebec’s centre-right Coalition Avenir said, “If we have to use the notwithstanding clause to apply what the majority of Quebecers want, we will do so.”